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LEGAL WORDS & PHRASES

Affidavit A written statement made by a person tobe used in a court. The person who makes an affidavitmust swear under oath or make an affirmation that thecontents are true. It is signed by a justice of the peace,commissioner of declarations or a lawyer. An affidavit isoften used when a person is unable to come to the courtand provide information or evidence in person.

Affirm (affirmation) A spoken declaration where youpromise to tell the truth when giving information or evidence to the court or writing it in an affidavit. You canmake an affirmation if you do not want to swear an oath ona Bible or other sacred book.

Claim and Statement of claim These are documents aperson claiming damages files in the court to start legalaction.

Claimant A person who starts a claim in the Small Claims

Tribunal.

Contributory negligence Where the accident wascaused by both drivers (for example, one driver fails togive way and the other driver is speeding). Each person isthen compensated according to the extent of the othersnegligence.

Default judgment A judgment made because the

defendant does not defend a court action.Defence and Notice of intention to defend If someonehas made a claim against you and you disagree with their side of the story, you can lodge these documents to beginthe process of defending yourself.

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Defendant A person who is defending themselvesagainst legal action.

Enforcement officer An officer of the court who takes

action to ensure an order made in court or tribunal by a judge, magistrate or referee is followed.

Evidence The proof needed to support your side of thestory. Evidence is usually given verbally in court.

Filing documents The process where documents arereceived and accepted by a court. The person filing thedocuments may need to pay a filing fee. Usually the court

will stamp its seal on the filed document.Hearing Where evidence is given to the court from allpeople involved in a case and a decision is made.

Legal costs These are the costs involved in taking a caseto court. These can include the costs of lawyers and thecost of filing documents with the courts. Usually a courtwill order the person who loses a case to pay the other persons legal costs.

Letter of demand A letter that formally demandssomething from another person. It does not need to bein any particular form and does not need to be sent by alawyer.

Lodging documents see filing documents.

Loss assessor Someone who can assess the damagedone to a vehicle. They are usually a qualified panelbeater.

Magistrate The name for the decision maker in themagistrates court. In criminal proceedings, the magistratedecides if you are guilty and the sentence you will get.

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In civil proceedings like this one, they decide who isresponsible for the damages. You call the magistrate Your Honour.Magistrates court The court that deals with less serious

offences. It is where criminal proceedings start beforemoving to higher courts like the district court or SupremeCourt. The magistrates court also deals with civil claims upto $50,000.

Mediation A dispute resolution process run by anindependent third party who helps people to reachagreement through the process of discussion andnegotiation without entering into the content of thedispute.

Negligence This is when someone has not taken theproper care or paid enough attention to avoid causingdamage to another person or their property.

Notice of hearing A document telling you the date your matter will go to court.

Order An order is made by the court requiring a person todo something (for example, pay damages).

Plaintiff A person who starts a civil claim in court.

Process server A person who delivers or serves courtdocuments by handing them to the person concerned.

Quantum The total amount of your claim including thecost to repair your vehicle to the condition it was before anaccident, plus any towing fees.

Referee The decision maker in the Small Claims Tribunal.The referee is a court officer, usually a registrar or magistrate.

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Rehearing A second hearing for the same matter.

Respondent A person who has had a claim made againstthem in the Small Claims Tribunal.

Served The process where a person is presented withofficial court documents.

Subpoena A court order requiring a person to appear incourt to give evidence or produce documents.

Swear an oath A spoken promise where you swear on theBible or other sacred book to tell the truth when you give

evidence to the court.

Trial A court hearing where all the evidence is presentedand a final decision is made.

Witness A person who saw or heard something aboutyour case and is called to give this evidence in court.

Written-off When the cost of repairing your vehicle is

more than it would be worth at wholesale (dealers) price if you sold it.